[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Pages 35015-35016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14778]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-776]


Certain Lighting Control Devices Including Dimmer Switches and 
Parts Thereof (IV); Notice of Institution of Investigation; Institution 
of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 16, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. The 
complaint alleges violations of section 337 based upon the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain lighting control devices 
including dimmer switches and parts thereof by reason of infringement 
of certain claims of U.S. Patent No. 5,637,930 (``the '930 patent'') 
and U.S. Patent No. 5,248,919 (``the '919 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Room 112, 
Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its Internet server at http://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2011).

    Scope of investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 9, 2011, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain lighting 
control devices including dimmer switches and parts thereof that 
infringe one or more of claims 36, 38-41, 47, 53, 54, 56, 58, 60, 65, 
67-70, 76, 82, 83, 85, 87, 89, 94, 96-99, 105, 111, 112, 114, 116, 118, 
178, 180, 189, 193, and 197 of the '930 patent and claims 1, 2, 5-8, 
11-13, 15-20, 23, 25-32, 35, 36, and 38 of the '919 patent, and whether 
an industry in the United States exists as required by subsection 
(a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

[[Page 35016]]

    (a) The complainant is:

Lutron Electronics Co., Inc., 7200 Suter Road, Coopersburg, PA 18036.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Pass & Seymour, Inc., 50 Boyd Avenue, Syracuse, NY 13209.
AH Lighting, 2442 Hunter Street, Los Angeles, CA 90021.
American Top Electric Corp., 1202 E. Walnut Avenue, Suite H, Santa Ana, 
CA 92701.
Big Deal Electric Corp., 1202 E. Walnut Avenue, Suite H, Santa Ana, CA 
92701.
Diode LED, 1195 Park Avenue, Suite 211, Emeryville, CA 94608.
Elemental LED, LLC, 1195 Park Avenue, Suite 211, Emeryville, CA 94608.
Wenzhou Huir Electric Science & Technology Co. Ltd., Bridge East Wan-
Ao, Qiatou Village, Yueqing, Zhejiang 325600, China.
Westgate Mfg., Inc., 4500 S. Boyle Avenue, Vernon, CA 90058.
Zhejiang Lux Electric Co. Ltd., Weiqi Road, Yueqing Economic 
Development Zone, Yueqing, Zhejiang 325600, China.
Zhejiang Yuelong Mechanical & Electrical Co. Ltd., Yaao Road & Nanxi 
Road, Jiaxing, Zhejiang 31400, China.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: June 9, 2011.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2011-14778 Filed 6-14-11; 8:45 am]
BILLING CODE 7020-02-P